Maharashtra Administrative Tribunal Orders State Government to Reserve One Police Sub-Inspector Post for Transgenders

GG News Bureau

Mumbai, 8th Nov. The Maharashtra Administrative Tribunal (MAT) Mumbai bench has directed the state government to keep one police sub-inspector (PSI) position reserved for transgender people.

The tribunal’s chairperson, retired Justice Mridula Bhatkar, said in an order issued on Monday that it was bound by the Supreme Court’s 2014 ruling requiring all state governments to make reservations for transgender people in all public positions.

The tribunal was hearing an application from Vinayak Kashid, who wanted the Maharashtra Public Service Commission (MPSC) to allow him to apply for the PSI position as a transgender candidate.

On Tuesday, a copy of the MAT’s order was made available.

In August of this year, the tribunal ordered the Maharashtra government to develop a policy for transgender employment in educational institutions and public offices within six months.

On Monday, a state government lawyer told the tribunal that the state government was still considering creating a transgender reservation policy.

Concerned about this, the tribunal stated that the government must follow the law of the land and the Supreme Court’s decision, which stated that all transgender people have the right to choose their self-identified gender and directed the Centre and all state governments to extend reservation in admissions to educational institutions and public appointments.

“It is difficult to accept the stand of the state government that the policy decision is not taken till date. In view of the Supreme Court judgment of 2014, it is obligatory on part of the government to follow the law of the land,” the MAT said in its order.

Even though the government had not taken any decision, the tribunal was bound by the decision given by the apex court, it added.

“We hereby direct the respondent (state government) to keep one post of PSI reserved for transgenders in socially and economically backward class for this examination first and thereafter at all stages (of appointment) as only one applicant has approached this tribunal,” the tribunal said.

Kashid’s lawyer, Kranti L C, informed the tribunal on Monday that the applicant appeared for the preliminary examination on October 8 and that the results have yet to be announced.

Kashid’s application requested that transgender people be given preference for the 800 PSI positions advertised by the Maharashtra Public Service Commission (MPSC) in June 2022.

Kashid was born a male but later chose to be a female, according to the application.

Kashid applied for the position of PSI in the hopes of being considered as a female candidate.